Court gives go-ahead to Kurnell development

The Australand site overlaps the Kurnell sand dunes, which were nominated for listing on the state heritage register last year. Photo: Nick Moir (Available at Fairfaxphotos.com)

A large industrial development at Kurnell has been given the green light by the Land and Environment Court, prompting fears the State Government will now allow hundreds of homes to be built on the site.

The court upheld an appeal by the developer, Australand, letting it build on one-third of the 62-hectare site, subject to "conditions safeguarding the environment".

Sutherland Shire Council had refused the proposal, citing a number of issues, including the impact on the threatened green and golden bell frog. The council also said the ecosystems of the Kurnell Dune Forest and the Sydney Freshwater Wetland were at risk.

But the court's commissioners, John Roseth and Kevin Hoffman, had a different view.

"The court was satisfied that, subject to appropriate conditions, the proposal would not have an adverse impact on the ponds and wetlands on and near the site," the judgement said.

"It accepted that the proposal was likely to be successful in preserving the frog."

The court also accepted that the Cronulla sand dunes had to be replanted to prevent them from swallowing up the ponds and vegetation on the site.

The Mayor of Sutherland, Phil Blight, called for the State Government to intervene to prevent the development.

"We're charged with a responsibility for what we think Kurnell should be, and it's the kind of thing we can't afford to lose. Once it's industrial land you can imagine what will happen to it."

The council, which has spent $650,000 on the case, wants the future of the area to centre on tourism, the environment and heritage.

The chairwoman of the Cronulla Dunes and Wetlands Protection Alliance, Annette Hogan,

said the court had not dealt with all the issues and failed to use the precautionary principle. "It's very disappointing that this sensitive area is thrown open to development," she said.

The Premier, Bob Carr, nominated the Kurnell sand dunes for listing on the state heritage register last February. Some of the area overlaps the Australand site.

In 2000 a proposal by Australand for 250 houses on the same site was called in by the then minister for planning, Andrew Refshauge. A decision has yet to be made by the current minister, Craig Knowles.

The Opposition said the land court's decision could prompt the Government to approve the housing development. The Coalition's planning spokeswoman, Peta Seaton, said: "This could be the excuse that Craig Knowles is looking for to give the go-ahead to hundreds of homes in an environmentally sensitive and heritage area that the community overwhelmingly wants to retain as a recreational area."

The Greens MP Lee Rhiannon called on Mr Carr to introduce legislation to protect the area and for the ALP to return a $50,000 donation Australand made to the party before last year's state election.

"The Labor Government has been willing to overturn Land and Environment Court decisions in favour of corporate interests at Lake Cowal, the Port Kembla copper smelter and the Clyde waste transfer station," she said.

"If [Mr Carr] doesn't introduce legislation to protect Kurnell he will have broken another election promise and it will be the end of his reign as a green premier."